No. 22-6013

Damian Robert Guthary v. United States

Lower Court: Fourth Circuit
Docketed: 2022-11-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation
Key Terms:
SocialSecurity Immigration
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error

Question Presented (from Petition)

QUESTION PRESENTED Whether Petitioner satisfies Greer’s plain error standard for relief from Rehaif error arising from his guilty plea under 18 U.S.C. § 922(g) where there is a reasonable probability that he would not have pled guilty had he been informed of the essential mens rea element of the offense.

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Waiver of right of respondent United States to respond filed.
2022-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2022)

Attorneys

Damian Robert Guthary
Jennifer C. LeistenOffice of the Federal Public Defender, Petitioner
Jennifer C. LeistenOffice of the Federal Public Defender, Petitioner
of America, United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent